                                 CODE OF VIRGINIA

AUTHORITY TO SEIZE FOOD AND DAIRY PRODUCTS; ANALYSIS; DISPOSITION OF REMAINDER
(§ 3.2-5135)

A. The Commissioner is authorized at all times to seize and take possession of
any and all food and dairy products, substitutes, or imitations kept for sale,
exposed for sale, or held in possession or under the control of any person that
in the opinion of the Commissioner are believed to be in violation of any
provision of law.

B. When the Commissioner seizes any goods pursuant to subsection A, he may take
a sample from the goods for the purpose of analysis and shall leave the
remainder in the possession of the person from whom they were seized, subject to
the determined disposition.

C. Any person making a seizure under this section shall forward any sample taken
pursuant to subsection B that in the determination of the Commissioner requires
laboratory analysis to the Division of Consolidated Laboratory Services of the
Department of General Services (the Division). The Division shall turn over the
sample to a qualified analyst who shall analyze the sample and certify the
results of the analysis. Where the qualified analyst is an employee of the
Division, the analyst&#8217;s certificate shall be prima facie evidence of the
facts certified to in any appropriate court where the sample may be offered in
evidence.

HISTORY: Code 1950, §§ 3-329 to 3-331; 1966, c. 702, §§ 3.1-408 to 3.1-410;
1978, c. 702; 2008, c. 860; 2015, c. 91.